§ 20.1-15-09 — Judicial review

North Dakota § 20.1-15-09

• Jurisdiction: North Dakota
• Title 20.1: Game, Fish, Predators, and Boating
• Ch. 20.1-15: Intoxication Testing of Hunters

Text

Any person whose hunting privileges have been suspended, revoked, or denied by the
decision of the hearing officer under section 20.1-15-08 may appeal within seven days after the
date of the hearing under section 20.1-15-08 as shown by the date of the hearing officer's
decision, notwithstanding section 28-32-42, by serving on the director and filing a notice of
appeal and specifications of error in the district court in the county where the events occurred
for which the demand for a chemical test was made or in the county in which the administrative
hearing was held. The court shall set the matter for hearing, and the petitioner shall give twenty
days' notice of the hearing to the director and to the hearing officer who rendered the decision.
Neither the director nor the court may stay the decision pending decision on appeal. Within
fifteen days after receipt of the notice of appeal, the director or the hearing officer who rendered
the decision shall file in the office of the clerk of court to which the appeal is taken a certified
transcript of the testimony and all other proceedings. This record is the record on which the
appeal must be determined. No additional evidence may be heard. The court shall affirm the
decision of the director or hearing officer unless it finds the evidence insufficient to warrant the
conclusion reached by the director or hearing officer. The court may direct that the matter be
returned to the director or hearing officer for rehearing and the presentation of additional
evidence.